Terms of service
Terms & Conditions & Terms of Use
This website is operated by TerraCottem New Zealand, part of Landscape and Grower Supplies Ltd, owned and operated business. We make this site available to you in order to provide information about our products and services and enable you to purchase these products and services from us online. By making any purchases from this site you agree to be bound by these Terms and Conditions.
Emails
When you register your email address with us, you go on a list to receive email announcements about products, offers and promotions from us.
Orders and Delivery
- An order made via this site is an offer to purchase products. Only after payment has been made will an order become a valid order from you. Payment is to be made through Shopify Payments as included in the order process.
- We will deliver the products set out in your order almost anywhere in New Zealand and The Pacific Islands. We endeavour to deliver all products within a reasonable time. The anticipated delivery charges will be notified to you at the time of checkout and are final. All orders, where possible, require a signature upon delivery by default.
- Standard delivery times are:
a) Within Auckland – Next working day
b) Elsewhere in the North Island – Two working days
c) In the South Island – Three working days.
d) The Pacific Island – 14 days.
Important: Delivery to rural addresses in New Zealand can add between 1-3 days to the above standard targeted delivery times.
- During busy periods there may be a delay in the delivery times stated above. All orders are generally dispatched by New Zealand Post and a tracking number is forwarded to you upon dispatch. Please click on the link to New Zealand Post in order to track your order. If you have trouble with this facility, please contact us at info@terracottem.co.nz.
- Our warehouse will close over Christmas, New Year's and other public holidays. Please see our news section for specific closure times, dates, and estimated delivery times.
International Orders
- The same Privacy Policies, Terms of Trade and Terms and Conditional noted in this documents prevail for all international orders and are deemed to be viewed under New Zealand law.
- TerraCottem New Zealand will quote freight for all international orders and add this to the cost the customer must pay for the goods. Full payment of freight and goods is required before the consignment is exported.
- International customers may organise their own freight arrangements and payment for this freight on their own behalf. TerraCottem New Zealand will deliver or make available the consignment to the international customers' designated freight forwarded.
- TerraCottem New Zealand will deliver or make available the goods to the international customer’s freight forwarded in good condition. It is the responsibility of the freight forwarder to alert TerraCottem New Zealand if there are any damaged goods upon delivery to their facility.
- If the international customer is organising freight, then TerraCottem New Zealand's obligations to insurance and other freight considerations cease upon the delivery of the goods to the freight forwarder.
Product Descriptions
- The products will comply, in all material respects, with their product descriptions appearing on this site at the time when you submit the order. If a product does not comply with its product description, you may seek a remedy under the Consumers Guarantee Act 1993.
- Some products may be determined to be unsuitable for persons under 18 years of age or those who do not hold a Grow Safe Certificate in certain products by TerraCottem New Zealand or as required by law. In this instance, any order of such products will be subject to verification processes.
Risk
The risk of any loss of, or damage to, the products will pass to you on delivery.
Pricing
The prices for the products listed on this site are in New Zealand dollars and include GST, but not any delivery charges.
If by any chance our website displays a zero price or an incorrect price for some technical issue, TerraCottem New Zealand reserves the right to charge the correct listed price for each product.
Return and Refund Policy
Returns Policy
While the majority of our orders and products will be delivered without any problems, occasionally something may go wrong. If this occurs, please contact us at info@terracottem.co.nz for instructions on how to make a return. Please do not return any goods without a return goods authorisation. All returns received without proper documentation will not be processed.
Goods Damaged In Transit
If you receive goods that have been damaged in transit we will fully replace or refund the product. In this circumstance, we request that you contact us at info@terracottem.co.nz with the customer's Despatch or Invoice Number in the subject line of the email. We request that you send photographs of the damaged product and packaging. In most instances, a replacement will be delivered based on the photographs provided; however, we reserve the right to request that the damaged goods be returned to our warehouse for verification purposes prior to processing the replacement product.
Goods Did Not Arrive
If after 7 working days you have not received your order, please contact us at info@terracottem.co.nz so it can be tracked and traced. If the item is lost in transit, we will send you a replacement item or refund the purchase price.
Important: We will not replace or refund any item that goes missing, is damaged or stolen after delivery to your nominated address. This is especially the case if you have requested that delivery be made without a signature being required on delivery. Alternatively, we recommend that you use a work or delivery address where someone will be able to sign for the goods during delivery hours.
I Was Sent The Wrong Item
If we have sent you the wrong item, please contact us to commence the return process. Once notified, we will organise for the goods to be picked up and sent back to us. Once verification of the goods has been completed (that have not been used and are undamaged) we will organise to deliver the correct goods or refund your purchase price.
Goods Arrived Faulty
If the goods you receive are faulty, please contact us to organise a return for product inspection, if we confirm the product is faulty we will organise a repair or replacement.
Warranties & Guarantees Claims
All warranties & guarantees are as per the product description or on the product packaging. Nothing in these Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees 1993 except to the extent permitted by the Act, and these Terms are to be modified to the extent necessary to give effect to that intention.
If you want to make a warranty and/or guarantee claim, please contact us at info@terracottem.co.nz to organise a return for product inspection, we note in some instances we may organise for you to deal with the manufacturer/distributor directly.
If we confirm that the product is faulty and it has been returned within the warranty or guarantee period and the circumstances meet all the conditions of the warranty and/or guarantee we will organise a repair or replacement of the item.
Important we do not cover misuse or wear and tear or where bags and containers of produce have been opened and goods have been used.
I have changed my mind
If you change your mind about a product within 14 days of purchase, providing it is unused and in its original packaging, we can process a return. Please note that the shipping charges incurred in relation to the delivery and return of the product will be at the expense of the purchaser and will not be refunded. Once the goods have been received, we will inspect them to verify that everything is in order prior to giving a store credit. Please contact us before you return the goods so we can send you the correct return documentation.
Intellectual Property Rights
All intellectual property on this site, including without limitation any trademarks, text, graphics and copyright, is owned by us or our content suppliers. We are the exclusive owner of all rights in the compilation, design and layout of this site.
Right to Use Site and Content
You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.
Your Information
- Please ensure that any information that you provide when creating an account with us on this site is correct, complete, and up-to-date and please advise us as soon as possible if any of this information changes or you become aware of any inaccuracy in the information you have provided. If you are providing information about a person other than yourself, you warrant that you are authorised by that person to provide that information.
- You are responsible for maintaining the confidentiality of your account and password and for preventing unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Content
- We endeavour to ensure that any content will be current, accurate or complete when you access it. However, we will take steps to correct any error or inaccuracy in any content which is brought to our attention within a reasonable time.
- You must make your own assessment of the suitability of the content for your own purposes. You are solely responsible for the actions you take in reliance on the content on or accessed through, this site. We may change the content on this site at any time without prior notice.
Force Majeure
We will not be responsible for any delay or failure to comply with our obligations under these terms of sale if the delay or failure arises from any cause which was beyond our reasonable control. This does not affect any of your statutory rights.
Consumer Guarantees Act 1993
If the products are subject to the New Zealand Consumer Guarantees Act 1993, you may have statutory rights and remedies which are not excluded nor limited by the above provisions unless you are acquiring the products for business purposes.
Amendments
We may amend these terms of use from time to time, so you should check and read these terms of use regularly. By continuing to use this site after any such amendment, you are deemed to have agreed to the amended terms of use.
New Zealand Jurisdiction
These terms of use and any matters or disputes connected with this site will be governed by New Zealand laws and will be dealt with in New Zealand courts.
TERMS OF USE
This website is operated by TerraCottem New Zealand, part of Landscape and Grower Supplies Ltd a New Zealand owned and operated business. We make this site available to you in order to provide information about our products and services and enable you to purchase these products and services from us online. Your use of this site is governed by these Terms of Use. By accessing and browsing this site you agree to be bound by these Terms of Use.
General
- Your access to and use of the site, including your order of products through the site, is subject to these terms and conditions. You agree to be bound by and comply with, these terms and conditions by browsing the site.
- You must not in terms of use:
a) use the site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1994;
b) make fraudulent or speculative enquiries, purchases or requests through the site;
c) use another person’s details without their permission or impersonate another person when using the site;
d) tamper with or hinder the operation of the site;
e) create accounts by automated means or under false or fraudulent pretences;
f) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
g) use the site other than in accordance with these terms and conditions; or
h) attempt any of the above acts or engage or permit another person to do any of the above acts.
Registration
If you register an account with us, you may not have more than one account and your account is non-transferable. You may update, edit or terminate your account at any time through the site.
Termination
We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:
a) the breach cannot be remedied; or
b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
c) if there is an emergency or we need to perform some maintenance on our site.
You may stop using the site at any time and for any reason.
From time to time, business strategies change. As such, we may in the future, stop making the site (or any part of it) available. This will not impact any current orders that have been accepted by us.
Indemnity
You agree to fully indemnify TerraCottem New Zealand and keep TerraCottem New Zealand indemnified for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, as a result of your breach of these Terms of Use, including in respect of any third party claims against TerraCottem New Zealand and/or its related parties, employees, contractors or agents.
Content
While TerraCottem New Zealand has endeavoured to take all reasonable and appropriate care in the preparation of the content of the Website, Materials and Services and has no reason to believe that any information contained in any of the Website, Materials or Services is inaccurate, TerraCottem New Zealand does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. TerraCottem New Zealand does not undertake to keep any of the Website, Materials and/or Services updated. To the greatest extent permitted at law TerraCottem New Zealand will not be liable for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services including without limitation where such loss or damage is a result of or contributed to by the negligence of TerraCottem New Zealand.
Linked Websites
The Website, Materials and/or Services may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained. TerraCottem New Zealand is not responsible for the content or privacy practices associated with Linked Websites. TerraCottem New Zealand links with Linked Websites should not be regarded as an approval or as an endorsement of those Linked Websites, their operators or owners, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary on this Linked Website.
Links
If you provide a link to the Website you agree that you will not use any TerraCottem New Zealand logo, trade mark or other proprietary graphic as part of such link without the express prior written approval of TerraCottem New Zealand.